Patna High CourtCR. MISC./51095/2023allowed

Ajay Kumar v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51095 of 2023 Arising Out of PS. Case No.-204 Year-2023 Thana- KORHA District- Katihar ====================================================== AJAY KUMAR SON OF KIRANI CHOUDHARY R/O-FULWARIYA TIRSAINI, P.S.-KORHA, DISTT.-KATIHAR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 50 liters of illegal country-made liquor from a motorcycle.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. He submitted that while the petitioner was going to his house on his motorcycle the police party surrounded him and police asked him to pay

Patna High Court CR. MISC. No.51095 of 2023(2) dt.11-08-2023 2/2 some illegal gratification but he count not fulfill their demand resulted in false implication in the present case. He is languishing in judicial custody since 18.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Korha P.S. Case No. 204 of 2023.

(Sunil Kumar Panwar, J) arish/- U T